93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4599

 

Introduced 02/04/04, by Karen May

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3.7 new

    Amends the Criminal Code of 1961. Prohibits the distribution, transportation, importation into this State, sale, offer for sale or possession of 50 caliber sniper weapons. Establishes penalties and exemptions. Effective immediately.


LRB093 16518 RLC 42161 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4599 LRB093 16518 RLC 42161 b

1     AN ACT in relation to criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by adding
5 Section 24-3.7 as follows:
 
6     (720 ILCS 5/24-3.7 new)
7     Sec. 24-3.7. Certain sniper weapons.
8     (a) In this Section, "50 caliber sniper weapon" means a
9 rifle capable of firing a center-fire cartridge in 50 caliber,
10 .50 BMG caliber, any other variant of 50 caliber, or any metric
11 equivalent of that caliber.
12     (b) It is unlawful for a person, within this State, to
13 distribute, transport, or import into this State or possess
14 with intent to sell or to offer for sale or to give a 50 caliber
15 sniper weapon.
16     (c) It is unlawful for a person to transfer, sell, or give
17 any 50 caliber sniper weapon to a person under 18 years of age.
18     (d) It is unlawful to possess a 50 caliber sniper weapon.
19     (e) This Section does not apply to or affect any of the
20 following:
21         (1) Peace officers while in performance of their
22     official duties.
23         (2) Wardens, superintendents, and keepers of prisons,
24     penitentiaries, jails, and other institutions for the
25     detention of persons accused or convicted of an offense.
26         (3) Members of the Armed Services or Reserve Forces of
27     the United States or the Illinois National Guard, while in
28     the performance of their official duty.
29         (4) The transfer or passing of a 50 caliber sniper
30     weapon upon the death of the owner to his or her heir or
31     legatee until 60 days after the transfer or passing.
32         (5) The possession of a 50 caliber sniper weapon by an

 

 

HB4599 - 2 - LRB093 16518 RLC 42161 b

1     executor or administrator of an estate during the
2     administration of an estate until transferred in
3     accordance with the Probate Act of 1975 to a person
4     authorized under this Section to possess that weapon.
5         (6) Manufacture, transportation, or sale of 50 caliber
6     sniper weapons to persons authorized under paragraphs (1)
7     through (3) of this subsection (e) to possess 50 caliber
8     sniper weapons, if the 50 caliber sniper weapons are broken
9     down in a non-functioning state or are not immediately
10     accessible.
11     (f) Sentence.
12         (1) A person convicted of a violation of this Section
13     commits a Class 2 felony.
14         (2) A person who violates this Section by possessing a
15     50 caliber sniper weapon in the passenger compartment of a
16     motor vehicle as defined in Section 1-146 of the Illinois
17     Vehicle Code, or on his or her person while the weapon is
18     loaded, is guilty of a Class X felony.
19         (3) A person who violates this Section in any school,
20     regardless of the time of day or the time of year, in
21     residential property owned, operated or managed by a public
22     housing agency or leased by a public housing agency as part
23     of a scattered site or mixed-income development, in a
24     public park, in a courthouse, on the real property
25     comprising any school, regardless of the time of day or the
26     time of year, on residential property owned, operated or
27     managed by a public housing agency or leased by a public
28     housing agency as part of a scattered site or mixed-income
29     development, on the real property comprising any public
30     park, on the real property comprising any courthouse, in
31     any conveyance owned, leased or contracted by a school to
32     transport students to or from school or a school related
33     activity, or on any public way within 1,000 feet of the
34     real property comprising any school, public park,
35     courthouse, or residential property owned, operated, or
36     managed by a public housing agency or leased by a public

 

 

HB4599 - 3 - LRB093 16518 RLC 42161 b

1     housing agency as part of a scattered site or mixed-income
2     development commits a Class 2 felony.
3         (4) A person who violates subsection (c) is guilty of a
4     Class 1 felony.
5         (5) A person who violates this Section by possessing a
6     50 caliber sniper weapon that he or she acquired before the
7     effective date of this amendatory Act of the 93rd General
8     Assembly and does not use that weapon in the commission of
9     an offense nor possess that weapon in a place described in
10     paragraph (2) or (3) is guilty of a Class A misdemeanor.
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.